School buses drop off students on the fourth day of the La Habra City School District teachers strike in December 2010. BRUCE CHAMBERS, THE ORANGE COUNTY REGISTER

Four Orange County teachers have joined in a lawsuit against the state teachers union, challenging mandatory union membership and the process for members to opt out of paying fees that fund union political agendas.

California is one of 26 states to allow mandatory union membership, also known as "agency shop law" in certain public sector jobs. The nonprofit representing the teachers, the Center for Individual Rights, hopes the legal action will prompt a Supreme Court ruling ending mandatory union membership across the country.

"We would like a Supreme Court decision that governs the whole nation that reflects and respects the free association right of individuals to support or not support the union as they see fit," CIR President Terence Pell said.

But doing so involves sending an annual letter to the union, and then applying for a rebate at the end of the year, Friedrichs said.

"This 'opt-out' process is unnecessarily burdensome and time consuming and is susceptible to resistance and pressure from the unions and their members," the suit states.

The CTA disagrees.

"The lawsuit seems self-contradictory," CTA spokesman Frank Wells said in an email statement on Tuesday. "It acknowledges that those represented by unions can opt out of paying for non-representation charges and then complains that they are somehow forced to pay for them.

"The opt-out process is neither arduous nor intimidating, as claimed in the suit, and CTA facilitates that process every year."

Friedrichs, one of 10 teachers named as plaintiffs in the suit, opposes portions of her union's political agenda, but also disagrees with stances the union takes during collective bargaining.

"I am an American before I am a teacher, and I want to do what is right for my state and country," Friedrichs said. "If my union is going to insist on getting me higher wages and a better retirement at the expense of others, I think that is wrong."

Jelena Figueroa from Orange Unified, Scott Wilford from Saddleback Valley Unified and Peggy Searcy of Santa Ana Unified are also plaintiffs in the suit. All resigned their union memberships, but still must pay dues for collective bargaining representation, according to the suit.

The CIR is citing as precedence a 2012 Supreme Court case that ruled unions – specifically, California's Service Employees International Union, Local 1000 – had to give written notice before deducting certain fees from the paychecks of nonmembers.

The court opined that, " ... requiring objecting nonmembers to opt out of paying the non-chargeable portion of union dues rather than exempting them unless they opt in – represents a remarkable boon for unions, creating a risk that the fees nonmembers pay will be used to further political and ideological ends with which they do not agree."

When Friedrich opted out of the political dues in 2012, she said she lost her professional liability insurance. She found insurance instead through the Christian Educators Association International, which solicited teachers via email for the suit.

The lawsuit is the latest of many challenges over the years targeting unions, though Pell said the CIR is not seeking an end to unions.

"If we win, the union will still exist, the union will still represent a lot of employees; none of that will change," Pell said. "We are just looking out for the rights of the teachers who don't happen to agree with the union's positions."

In addition to the California Teachers Association and its national affiliate, the National Educators Association, the teachers are also suing their local union branches and the superintendents of their respective districts.

"Based on the press release it appears to be another baseless challenge that has been attempted through one avenue or another in the past," CTA's Wells wrote.

User Agreement

Keep it civil and stay on topic. No profanity, vulgarity, racial
slurs or personal attacks. People who harass others or joke about
tragedies will be blocked. By posting your comment, you agree to
allow Orange County Register Communications, Inc. the right to
republish your name and comment in additional Register publications
without any notification or payment.